[F16B.—(1) Section 11 (limits on effect of registered trade mark) is amended as follows.U.K.
(2) In subsection (1) omit “another registered trade mark in relation to goods and services for which the latter is registered (but see section 47(6) (effect of declaration of invalidity of registration))” and substitute “a later registered trade mark where that later registered trade mark would not be declared invalid pursuant to section 47(2A) or (2G) or section 48(1)”.
(3) After subsection (1) insert—
F2“(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1B) Where subsection (1) F3... applies, the later registered trade mark is not infringed by the use of the earlier trade mark even though the earlier trade mark may no longer be invoked against the later registered trade mark.”.
(4) In subsection (2)(a) for “a person” substitute “an individual”.
(5) In subsection (2)(b) for “indications concerning” substitute “signs or indications which are not distinctive or which concern”.
(6) In subsection (2)(c) for “where it” substitute “for the purpose of identifying or referring to goods or services as those of the proprietor of that trade mark, in particular where that use”.]
Textual Amendments
F1Sch. paras. 6-6C substituted for Sch. para. 6 (14.1.2019) by The Trade Marks (Isle of Man) (Amendment) Order 2018 (S.I. 2018/1157), art. 1, Sch. para. 8
F2Words in Sch. para. 6B omitted (31.12.2020) by virtue of The Registered Designs and Trade Marks (Isle of Man) (Amendment) (EU Exit) Order 2019 (S.I. 2019/1335), art. 1, Sch. 2 para. 7(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Sch. para. 6B omitted (31.12.2020) by virtue of The Registered Designs and Trade Marks (Isle of Man) (Amendment) (EU Exit) Order 2019 (S.I. 2019/1335), art. 1, Sch. 2 para. 7(b); 2020 c. 1, Sch. 5 para. 1(1)